Duration of the collective agreement: for how long is the collective agreement concluded? Recommendations for concluding a collective labor agreement For how long a collective agreement is concluded Intuit.

Collective agreement- a legal act regulating social and labor relations in an organization and concluded by employees and the employer represented by their representatives.

When concluding a collective agreement at an enterprise, negotiations are conducted between representatives of the parties. Persons appointed by order of the manager or persons authorized by him act on behalf of the employer. Trade unions act on behalf of workers if they unite more than half of the number of workers. If there are several trade unions, then the trade union that alone unites more than half of the workers has priority in negotiations. If there are several trade unions and no one unites more than half, they create a single representative body on a proportional basis. And if no agreement is reached between them at the general meeting, the trade union (or association) for which the majority of workers vote is elected by secret ballot. Or (for example, if there are no trade unions), the labor collective at a general meeting (conference) elects another representative body. The decision of the meeting is legal if at least half of the total number of employees on the payroll (or 2/3 of the delegates sent to the conference by representatives from structural divisions) was present and the decision was made by a majority of votes (more than 1/2 of those present).

A commission is created to develop a collective agreement. The employer issues an order on the creation of the commission. The commission includes an equal number of employee representatives and employer representatives. Any party to labor relations represented by their representatives has the right of initiative to conclude a collective agreement, and the other party is obliged to appoint representatives within seven days and begin negotiations.

The range of issues in the collective agreement is approximately defined in Art. 41 Labor Code of the Russian Federation. But there may be other questions, determined by agreement of the parties; they must correspond to the principle of reality and the possibility of their implementation.

In addition, the collective agreement cannot contain provisions that worsen the situation of workers in comparison with the law. Negotiations, as a general rule, must be completed within three months, since only for this period the place of work, position and average earnings are preserved for the participants in the negotiations.

If the agreement is not concluded before the expiration of the three-month period, the parties are obliged to sign the agreement according to the agreed terms. If the terms are not agreed upon, a protocol of disagreement is drawn up. Unagreed terms may be subject to additional negotiations. In this case, the benefits and guarantees of the participants in the negotiations are determined by agreement with the employer.

A common practice is to agree on a draft collective agreement with and provide the opportunity to make comments and suggestions that can be taken into account.

The agreement is signed by authorized representatives and is valid from the moment of signing.

The collective agreement is sent to the relevant labor authority for notification registration (within seven days after signing).

The collective agreement begins to operate from the moment of signing, regardless of the fact of notification registration. The labor authority is called upon to identify working conditions that worsen the worker’s position in comparison with the law.

The negotiation process itself, the time and place are determined by the representatives independently. But when preparing a draft collective agreement, before signing it, the employer must provide the commission with everything necessary, including the necessary information.

The collective agreement is concluded for a period of one to three years; with the agreement of the parties, it can be extended for another period. When an enterprise is reorganized, the contract continues to be valid for the entire period of reorganization. If the owner changes, the previous agreement is valid for three months after registration of ownership rights.

Collective labor agreement

The Law of the Russian Federation “On Collective Bargains and Agreements”, adopted by the highest legislative body of the country on March 11, 1992, Labor Code (Article 42) and the Federal Law of the Russian Federation “On Amendments and Additions to the Law of the Russian Federation “On Collective Bargains and Agreements” (Article 2), adopted by the State Duma on October 26, 1995, established that collective agreement is a legal act regulating social and labor relations between the employer and employees of the organization. An agreement is a legal act regulating social and labor relations between employees and employers and concluded at the level of the Russian Federation, a constituent entity of the Russian Federation, territory, industry, profession (Article 2 of the federal law).

The terms of collective agreements and agreements concluded in accordance with the law are binding on the organizations to which they apply. The terms of collective agreements or agreements that worsen the situation of employees compared to the law are invalid.

The basic principles for concluding collective bargaining agreements are: compliance with the law, the authority of representatives of the parties; equality of the parties; freedom of choice and discussion of issues that constitute the content of collective agreements; voluntariness of accepting obligations; systematic control and inevitability of responsibility.

The law established a provision according to which any interference that could limit the legal rights of workers and their representatives or impede their implementation on the part of executive and economic management bodies, political parties and other public associations, employers is prohibited when concluding, revising and implementing collective contracts and agreements .

Negotiations and conclusion of collective agreements and agreements on behalf of workers by organizations or bodies created or financed by employers, executive and economic management bodies, and political parties are not allowed, except in cases of financing provided for by law.

Parties to the collective agreement according to Art. 11 of the Law “On Collective Bargains and Agreements” are the employees of the organization represented by their representatives and the employer directly or his authorized representatives.

Therefore, the parties to the collective agreement are the labor collective of the organization and the employer represented by the owner of a particular enterprise or his authorized representative - the head of the enterprise (director, general director, etc.), since this is based on legislative acts.

Contents and procedure for concluding a collective agreement

The collective agreement may include:

• form, system and size, monetary rewards, benefits, compensation, ;
• a mechanism for regulating wages based on price increases, levels, and fulfillment of indicators determined by the collective agreement; employment, retraining, conditions for releasing workers;
• duration of working hours and rest time, vacations; improving the working conditions and safety of workers, including women and youth (teenagers);
• voluntary and compulsory health and social insurance;
• respecting the interests of workers during the privatization of enterprises and departmental housing;
• environmental safety and health protection of workers at work;
• benefits for employees combining work and study; control over the implementation of the collective agreement, responsibility of the parties, social partnership, ensuring normal conditions for the functioning of trade unions and other representative bodies authorized by employees;
• refusal to strike under the conditions included in this collective agreement, subject to their timely and complete implementation.

The collective agreement, taking into account the economic capabilities of the enterprise, may contain other, including more preferential, labor and socio-economic conditions in comparison with the norms and provisions established by law and the agreement (additional leaves, pension supplements, early retirement, compensation transport and travel expenses, free or partially paid meals for production workers and their children in schools and preschool institutions, other additional benefits and compensation).

The procedure, deadlines for developing a project and concluding a collective agreement, the composition of the commission, the venue and agenda of negotiations are determined by the parties and formalized by an order for the enterprise and a decision of the trade union or other authorized representative body (Part 1 of Article 12 of the Law).

The draft collective agreement is subject to mandatory discussion by employees in the divisions of the enterprise and is finalized taking into account received comments, suggestions, and additions. The finalized unified project is approved by the general meeting (conference) of the labor collective and signed on the part of the workers by all participants of the joint representative body and the employer.

The collective agreement is concluded for a period of one to three years. It comes into force from the moment it is signed by the parties or from the date established in the collective agreement, and is valid for the entire period.

The collective agreement, annexes, and protocols of disagreements signed by the parties are sent by the employer to the relevant body of the Ministry of Labor of the Russian Federation for notification registration within seven days.

To resolve disagreements during collective bargaining, the parties use conciliation procedures. Within three days after drawing up a protocol of disagreements, the parties hold consultations, form a conciliation commission from among their members and, if no agreement is reached, contact a mediator selected by agreement of the parties. Decisions are documented in protocols that are attached to the collective agreement.

The Law of the Russian Federation “On Collective Bargains and Agreements” established the liability of a person representing an employer in the form of a fine for avoiding participation in negotiations on concluding, amending or supplementing a collective agreement or agreement in the amount of up to fifty times the minimum wage, imposed in court (Article 25 of the law).

For violation and failure to comply with the collective agreement in accordance with Art. 26 of the law, guilty persons representing the employer are subject to a fine of up to fifty times the minimum wage, imposed by court.

For failure to provide information necessary for collective negotiations and control, the guilty persons representing the employer bear disciplinary liability or are subject to a fine of up to fifty times the minimum wage, imposed by court (Article 27 of the law).

However, for the application of this deferment there are a number of conditions (tax regime, type of activity, presence/absence of employees). So who has the right to work without a cash register until the middle of next year?< … Главная → Бухгалтерские консультации → Кадровые документы Обновление: 28 июня 2017 г. Коллективный договор является полезным инструментом правового регулирования, а также защиты прав и интересов работников. В данной статье ответим на вопрос, интересующий работников и работодателей, заключающих коллективный договор, - на какой срок заключается данное соглашение. Понятие коллективного договора Понятие, структура и содержание договора определяются гл. 7 ТК РФ.

Collective agreement

Some categories of employees may be provided with benefits and privileges in a collective agreement that are not provided for by current legislation. For a collective agreement, the validity period is specified in its text. A collective agreement can come into force either from the moment of signing or from a specific date agreed upon by the parties.

According to the law, the validity period of a collective agreement cannot exceed 3 years. After its expiration, the parties can conclude a new collective agreement or extend the current one for a maximum of 3 years. Then, you will still have to sign a new collective agreement.

Changing the name of an enterprise, its transformation, as well as a change of manager do not affect the validity of the collective agreement. At the same time, a special procedure for the validity of a collective agreement exists in the event of a change in the owner of an enterprise, as well as during its reorganization and liquidation.

For what period is the collective agreement concluded?

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What is required from the employer? Is it necessary to submit to the Pension Fund in advance lists of future pensioners and documents necessary for assigning a pension? Or are the organization’s responsibilities limited to submitting the requested SZV-STAGE form to the Pension Fund for the future pensioner? Representatives of the Pension Fund Branch for Moscow and the Moscow Region told us what the role of the employer is in the process of applying for a pension by an employee.< … При оплате «детских» больничных придется быть внимательнее Листок нетрудоспособности по уходу за больным ребенком в возрасте до 7 лет будет оформляться на весь период болезни без каких-либо ограничений по срокам. Но будьте внимательны: порядок оплаты «детского» больничного остался прежним! < …

Online cash register: who can take the time to buy a cash register Individual business representatives may not use online cash register until 07/01/2019.

Collective agreement: for what period is it concluded?

Changes and additions can be made in the same manner as concluding a new collective agreement (see commentary to Article 44 of the Labor Code of the Russian Federation). Part 3 of the article provides for the rules for the validity of a collective agreement in relation to all employees of a given organization, individual entrepreneur, branch, representative office or another separate structural unit of the organization in which a collective agreement has been concluded. Part 4 of the article provides for the possibility of maintaining the validity of the collective agreement in cases of changing the name of the organization, reorganizing the organization in the form of transformation, changing the form of ownership of the organization, as well as terminating the employment contract with the head of the organization.

All about the validity and conclusion of a collective agreement

Attention

Parts 1 and 2 of the article determine the validity period of the collective agreement. The collective agreement comes into force from the moment it is signed by the parties. The moment the collective agreement comes into force is determined by the parties and is fixed in the collective agreement.

If there is no corresponding provision in the text of the collective agreement, it comes into force from the moment it is signed by the parties. The validity period of the collective agreement is determined by its parties, but cannot exceed three years. Upon expiration of the term, the collective agreement is terminated.

Neither party has the right to unilaterally terminate the fulfillment of accepted obligations during the term of the collective agreement. Usually, the employer is obliged to familiarize all employees with it no later than one month from the moment the collective agreement is signed.

The procedure for concluding a collective agreement (shadrina t.)

For what period is a collective agreement concluded? Article 43 of the Labor Code of the Russian Federation establishes that a collective agreement is concluded for a period of no more than 3 years. This period begins to be calculated from the date of signing the agreement or from the date of its entry into force specified in the agreement. As we see, the minimum validity period of a collective agreement is not established by law.

The parties are given the right to subsequently extend the validity of the agreement for no more than three years. However, the Code does not indicate how many times this period can be extended, and does not contain a prohibition on its multiple extension. Thus, the maximum duration of the collective agreement is limited only by the condition that it must be renewed at least once every three years.
This cannot be done automatically. At the same time, the procedure for extension is not established by labor legislation. In this situation, based on Art.
Thus, the employer must submit: 1) three copies of the collective agreement (the signatures of the representatives of the parties and the seals certifying them must be genuine on all copies), appendices to the collective agreement (if any) must be bound together with it; 2) an extract from the minutes general meeting (conference) of employees on electing another representative (representative body) from among the employees and empowering employee representatives to represent the interests of employees during collective negotiations, conclusion (in cases where the employees of a given employer are not united in any primary trade union organizations or one of the existing primary trade union organizations does not unite more than half of the employees of this employer); 3) covering letter.<1 Пункт 13.15 Положения о Комитете общественных связей города Москвы, утв.

Conclusion of a collective agreement upon expiration of its validity period

Thus, a change in the composition of persons representing the employer, as well as the name of the organization, cannot become the basis for changing or terminating the collective agreement. In Part 5 of Art. 43 of the Labor Code of the Russian Federation states that during the reorganization (merger, accession, division, spin-off, transformation) of an organization, the collective agreement remains in force throughout the entire period of the reorganization. After the reorganization, the collective agreement ceases to be valid.
However, termination of a collective agreement cannot become a basis for exemption from fulfilling the obligations contained therein. The application of the principle of mandatory terms of a collective agreement during reorganization means that obligations under it are transferred to newly created organizations in accordance with the separation balance sheet.
The party that received the proposal is obliged to send a response, which will contain a list of representatives included in the commission. The commission will develop a draft agreement. The period from the moment the initiator of negotiations receives a response until the start of negotiations. The period for the start of negotiations is calculated from the moment the initiator receives a response. The period from the moment the negotiations begin until their end, i.e. before signing the agreement Cannot be longer than three months Validity of the collective agreement The validity of the agreement is the period of time during which it is mandatory. After the period has expired, there is no need to fulfill the requirements of the contract; it is no longer valid.
Let’s figure out at what point the period begins to count, at what point it ends, and how long it lasts.

The order is drawn up in any form, signed by the head of the organization and brought to the attention of the employees against signature. In addition, representatives of employees participating in collective negotiations, during the period of their conduct, without the prior consent of the body that authorized them to represent, cannot be: - subject to disciplinary action ;- transferred to another job; - dismissed at the initiative of the employer, with the exception of cases of termination of the employment contract for committing an offense for which, in accordance with the Labor Code of the Russian Federation, other federal laws provide for dismissal from work. Responsibility of the parties During negotiations, sometimes by accident, and sometimes intentionally, the employer commits violations. Current legislation provides for liability for such cases.

When drawing up an agreement, experts or intermediaries may be needed: payment for the services of these specialists is made by the inviting party, unless otherwise provided by the collective agreement (Part 2 of Article 39 of the Labor Code of the Russian Federation). In addition, during negotiations, the parties may need various information, which must be provided by the other party no later than two weeks from the date of receipt of the relevant request (Part 7, Article 37 of the Labor Code of the Russian Federation). If such information contains state, commercial or other secrets protected by law, the participants must be notified about this, and they, in turn, must give an obligation not to disclose such information. Persons who disclose this information are subject to disciplinary, administrative, civil, and criminal liability. Note. A collective agreement can be concluded for a period of no more than three years.

When changing the form of ownership of an organization, the collective agreement remains in force for three months from the date of transfer of ownership rights. When an organization is reorganized in the form of a merger, annexation, division, or spin-off, the collective agreement remains in force throughout the entire period of the reorganization. When reorganizing or changing the form of ownership of an organization, either party has the right to send proposals to the other party to conclude a new collective agreement or extend the validity of the previous one for up to three years.

When an organization is liquidated, the collective agreement remains in force throughout the entire period of liquidation. Continue the dialogue Pay response Arbitration, COJ, housing, civil, labor, family law. Disputes with the management company, HOA, SNT, DNP.

A collective agreement is concluded for a period of no more than three years and comes into force on the day it is signed by the parties or on the date established by the collective agreement.

The parties have the right to extend the collective agreement for a period of no more than three years.

The collective agreement applies to all employees of the organization, individual entrepreneur, and the collective agreement concluded in a branch, representative office or other separate structural unit of the organization applies to all employees of the corresponding unit.

The collective agreement remains valid in cases of change of the name of the organization, reorganization of the organization in the form of transformation, as well as termination of the employment contract with the head of the organization.

When changing the form of ownership of an organization, the collective agreement remains in force for three months from the date of transfer of ownership rights.

When an organization is reorganized in the form of a merger, annexation, division, or spin-off, the collective agreement remains in force throughout the entire period of the reorganization.

When reorganizing or changing the form of ownership of an organization, either party has the right to send proposals to the other party to conclude a new collective agreement or extend the validity of the previous one for up to three years.

When an organization is liquidated, the collective agreement remains in force throughout the entire period of liquidation.

A COMMENT

Parts 1 and 2 of the article determine the validity period of the collective agreement.

The collective agreement comes into force from the moment it is signed by the parties. The moment the collective agreement comes into force is determined by the parties and is fixed in the collective agreement. If there is no corresponding provision in the text of the collective agreement, it comes into force from the moment it is signed by the parties.

The validity period of the collective agreement is determined by its parties, but cannot exceed three years. Upon expiration of the term, the collective agreement is terminated. Neither party has the right to unilaterally terminate the fulfillment of accepted obligations during the term of the collective agreement.

Usually, the employer is obliged to familiarize all employees with it no later than one month from the moment the collective agreement is signed.

The parties that have entered into a collective agreement have the right to extend its validity for a new term, but not more than for three years. Extension of the validity period of a collective agreement is carried out by agreement of the parties through collective negotiations. The number of extensions of the collective agreement of the Labor Code of the Russian Federation has not been established.

The parties must discuss the issue of extending the term of the collective agreement no later than three months before its expiration. The party that has received the appropriate written notification is obliged to begin negotiations within seven days.

The validity of the collective agreement is extended by the parties taking into account the financial and economic situation of the enterprise until the conclusion of a new collective agreement.

The party that signed the collective agreement has the right to make proposals for changes and additions to it during its validity period. Changes and additions can be made in the same manner as concluding a new collective agreement (see commentary to Article 44 of the Labor Code of the Russian Federation).

Part 3 of the article provides for the rules for the validity of a collective agreement in relation to all employees of a given organization, individual entrepreneur, branch, representative office or other separate structural unit of the organization in which a collective agreement has been concluded.

Part 4 of the article provides for the possibility of preserving the validity of the collective agreement in cases of changing the name of the organization, reorganizing the organization in the form of transformation, changing the form of ownership of the organization, as well as terminating the employment contract with the head of the organization.

In addition, since the obligations under the collective agreement arise from the employer, the very fact of termination of the employment contract with the head of the organization who signed the collective agreement does not affect the validity of the collective agreement.

Part 5 of the article provides for the preservation of the collective agreement when changing the form of ownership of the organization. Thus, the collective agreement remains in force for three months from the date of transfer of ownership rights. In this case, the established validity period of the collective agreement does not matter.

Part 6 of the article determines that when an organization is reorganized in the form of a merger, annexation, division, or spin-off, the collective agreement remains in effect for the entire period of the reorganization. Upon completion of the reorganization, the collective agreement is terminated.

Part 7 of the article provides for the possibility of concluding a new collective agreement during reorganization or change of ownership.

During the reorganization or when changing the form of ownership of the organization, at the request of either party, collective negotiations begin on concluding a new collective agreement or extending the previous one for up to three years (see commentary to Article 42 of the Labor Code of the Russian Federation).

Part 8 of the article provides for the rule for the validity of a collective agreement upon liquidation of an organization. If an organization is liquidated, the collective agreement is valid for the entire period of liquidation and terminates at the time of liquidation of the organization.

A legal act regulating social and labor relations in any work group is called a collective agreement. Some managers do not know for how long the collective agreement is concluded. This agreement is concluded for a period of no more than three years, and binds the employer and employee with certain obligations.

However, such an agreement is not mandatory, but has the right to exist in a situation where management or employees themselves took the initiative to conduct collective negotiations. Today we will talk about the features of such a regulatory act and, in particular, about the time of its validity.

In Article 40 of the Labor Code of Russia you can find the following definition of the term “collective agreement” - these are agreements concluded between employees (unified in a trade union or their representatives) and the employer, officially recorded and regulating labor and social relations in the team. Collective agreements can be concluded in any company, firm or organization, as well as with an individual entrepreneur. If concluded, the collective agreement applies not only to the employees of the enterprise, but also to all its branches and divisions.

It is important that the collective agreement is not a local, internal document - within seven days after the conclusion of the agreement, it is registered with the relevant division of the labor inspectorate. Why is this necessary? Labor inspectorate employees will necessarily examine the received document to identify items that worsen the situation of workers in comparison with current federal or local legislation.

The fact is that the collective agreement contains local agreements on the working and rest conditions of employees, payment mechanisms, as well as information on bonuses, guarantees and compensation in case of overtime. Collective agreements may establish privileges, benefits and other bonuses for employees in the organization that are not established by current legislation. The contract also stipulates information about labor protection and safety, the opportunity for employees to take various courses and advanced training. Accordingly, concluding a collective agreement is more beneficial to the employees than to the employer. However, there are significant advantages for management in concluding a document of this kind.

Video - Collective Agreement

What can be included in a collective agreement?

There is no clearly fixed structure and content of a collective agreement - it includes information and mutual obligations determined by the parties entering into the agreement. Conventionally, the mechanisms regulated by the collective agreement can be divided into several groups. Let's look at this data in more detail in the form of a convenient table.

Table 1. Contents of the collective agreement: examples

Contract clauses	Information
Salary	Salary amount, payment schedule, additional payments, compensation, bonuses, connection with inflation;
Employee qualifications	Retraining, courses, opportunity to improve qualifications at the expense of the employer;
Work schedule	Length of the working day, rest time, vacation schedule, the ability to take time off for overtime, agreement on working on weekends and holidays, setting day and night shifts;
Employee health	Data on medical insurance (compulsory medical insurance and voluntary medical insurance), the opportunity to rest and receive treatment at the expense of the employer, data on recreation centers, sanatoriums and other institutions available to employees;
Privileges	The opportunity to receive housing or land from an organization, providing free food, travel or other benefits;
Other information	Data on the responsibility of the parties, trade unions, social partnership and the like.

Benefits of a collective agreement

For employees of an organization, the advantages of concluding an agreement that is collective in nature are obvious - the document fixes the rights and obligations of the parties, and therefore the working conditions become clear and transparent. A collective agreement can also be beneficial for an employer, since the document optimizes the solution of several important issues at once, or more precisely, it allows:

1. Stabilize relationships with and within the team.
2. Reduce personnel paperwork.
3. Solve the issue of employee motivation.
4. Increase labor productivity due to the agreements reached.
5. Identify the needs and interests of employees and the like.

How long is an employment contract valid?

According to the letter of the law, collective agreements concluded in organizations in Russia cannot exceed three years in duration. This time period is counted either from the moment the document is signed by the parties, or from a date agreed upon separately.

The text of the agreement must stipulate its validity period, since it is not at all necessary that it be concluded for exactly three years. However, if the validity period is not specified, then after three years the document will automatically lose its force, and therefore the parties must either sign a new collective agreement or extend the current one for a similar period of three years.

If during the validity of the agreement the name of the organization was changed, a change in specific management occurred, or similar adjustments were made, the validity period of the document does not change. However, if the owner of the enterprise has changed, the collective agreement will be valid for three months, but if the company is reorganized or liquidated, the document will cease to be valid from the moment the procedure is completed.

If we are talking about reorganization, then after its completion the parties have the right to either extend the old document or draw up a new one. If the company ceases to operate, the agreement ceases to be valid.

Let's summarize

A collective agreement is a document concluded between the manager and employees and regulates any area of ​​social and labor relations in the team. Regardless of the contents of the document, its validity period is three years. After this period, the contract can be extended, or, if the conditions change, it can be rewritten and concluded again. Accordingly, it is worth reaching certain agreements with the understanding that they will be expedient over the next three years, or the agreement specifies a different expiration date within three years.

A collective agreement is concluded between authorized representatives of employees and employers. The conclusion of a collective agreement is preceded by collective negotiations, during which a draft collective agreement is developed. The procedure for conducting collective bargaining is determined by authorized representatives of workers and employers.

Neither party should shy away from collective bargaining regarding the conclusion of a collective agreement. Authorized representatives of the employer who are guilty of evading collective bargaining with authorized representatives of employees may be subject to administrative liability.

The collective agreement is signed by duly authorized representatives of employees and employers. Employee representatives who did not participate in collective bargaining may also sign a collective agreement as employee representatives. The collective agreement comes into force from the moment of its conclusion, that is, signing by authorized representatives of the employees and the employer, or from another period established in the collective agreement. However, after signing, the employee representative body duly authorized to conclude a collective agreement loses its authority to represent all employees of the organization. After the conclusion of a collective agreement, the representative of employees in implementing its provisions is the trade union of which they are members. In this connection, this trade union is recognized as a party to the collective agreement, i.e., the authorized representative of the workers to whom it applies. Thus, after the conclusion of a collective agreement, all employee representatives operating in the organization, without exception, can act on behalf of a party to the collective agreement and demand its implementation, as well as its recognition as invalid or invalid.

In accordance with Part 1 of Art. 43 of the Labor Code of the Russian Federation, a collective agreement is concluded for a period of no more than three years. The changes made to Part 2 of Art. 43 of the Labor Code of the Russian Federation, it is possible to repeatedly extend the collective agreement each time for a period of no more than three years.

It should be borne in mind that the expiration of a collective agreement does not relieve one from the obligation to fulfill its terms. For example, if a collective agreement provides for an increase in wages for employees of an organization, but it did not take place during the period of its validity, employees and their representatives have the right to demand compliance with this condition of the collective agreement in court. When considering such statements, one should be guided by what is enshrined in Art. 24 of the Labor Code of the Russian Federation the principle of mandatory compliance with the terms of the collective agreement. The application of this principle in the situation under consideration means that the execution of the collective agreement is not considered to be the expiration of its validity, but the implementation of the provisions contained in it. Due to this, even after the expiration of the collective agreement, the judicial authorities are obliged to make a decision ensuring the implementation of the provisions contained in it, since the obligations under the collective agreement are not extinguished by the period of its validity, they remain binding even after the expiration of the collective agreement. The principle of mandatory terms of a collective agreement means that its terms must be implemented and not forgotten after the expiration of the agreement. Moreover, the conclusion of a new collective agreement does not relieve one from the obligation to fulfill the terms of the previous collective agreement. The grounds for refusal to comply with the terms of a collective agreement are the conclusion of an appropriate agreement on exemption from their execution between authorized representatives of employees and the employer, as well as the recognition of these conditions as invalid or invalid in court. Introduction of amendments and additions to the collective agreement, including the abolition of part of its provisions, on the basis of Art. 44 of the Labor Code of the Russian Federation requires going through the procedures provided for concluding a collective agreement. In other words, in order to make these changes, it is necessary to properly formalize again the powers of representatives of employees and employers to make changes to the current collective agreement.

In accordance with Part 4 of Art. 43 of the Labor Code of the Russian Federation, the collective agreement remains in effect when the name of the organization is changed or the employment contract with the head of the organization is terminated. Thus, a change in the composition of persons representing the employer, as well as the name of the organization, cannot become the basis for changing or terminating the collective agreement.

In Part 5 of Art. 43 of the Labor Code of the Russian Federation states that during the reorganization (merger, accession, division, spin-off, transformation) of an organization, the collective agreement remains in force throughout the entire period of the reorganization. After the reorganization, the collective agreement ceases to be valid. However, termination of a collective agreement cannot become a basis for exemption from fulfilling the obligations contained therein. The application of the principle of mandatory terms of a collective agreement during reorganization means that obligations under it are transferred to newly created organizations in accordance with the separation balance sheet. Therefore, even during reorganization, termination of a collective agreement does not relieve one from the obligation to fulfill its terms.

In Part 6 of Art. 43 of the Labor Code of the Russian Federation provides that if the form of ownership of an organization changes, the collective agreement remains in effect for three months from the date of transfer of ownership, i.e. until the state registration of ownership. After three months from the date of the appearance of a new owner of the organization, the collective agreement ceases to be valid. However, termination of a collective agreement does not relieve the person from the obligation to fulfill the conditions contained therein that were not fulfilled by the new owner within three months. And in this case, the principle of mandatory conditions of the collective agreement applies, due to which the termination of the collective agreement does not relieve one from the obligation to fulfill the conditions contained in it. The new owner and authorized representatives of employees may, within the specified three months, make changes to the collective agreement in compliance with the procedures provided for by law for concluding a collective agreement.

In accordance with Part 7 of Art. 43 of the Labor Code of the Russian Federation, any of the parties to a collective agreement, when reorganizing or changing the form of ownership of an organization, has the right to send to the other party proposals to conclude a new collective agreement or extend the validity of the previous agreement for a period of up to three years. And in this case, the principle of mandatory conditions of the previous collective agreement applies, which does not allow refusing to comply with them due to the conclusion of a new collective agreement. Obligations under the previous collective agreement can be canceled only by a decision of authorized representatives of the organization’s employees and the employer.